Wiegel v.

Sempio-Diy
G.R. No. L-53703 August 19, 1986 Justice Paras
Void Marriage Created by: Gremio, Leozelle B.
Petitioners Respondents
Lilia Olivia Wiegel The HON. Alicia V. Sempio-Diy (as
presiding judge of the Juvenile and Domestic
Relations Court of Caloocan City) and Karl
Heinz Wiegel
Recit Ready Summary
//FACTS SUPPLIED//
Facts of the Case
 The respondent Karl Heinz Wiegel (plaintiff therein) asked for the declaration of
Nullity of his marriage with herein petitioner Lilia Oliva Wiegel (defendant therein) on
the ground of Lilia's previous existing marriage to Eduardo A. Maxion,

 Lilia, claimed that said existing marriage was null and void as she and Eduardo A.
Maxion had been allegedly forced to enter said marital union.

 Lilia asked the respondent court for an opportunity to present evidence:

1. that the first marriage was vitiated by force exercised upon both her and
Eduardo A. Maxion.
2. that Eduardo A. Maxion was at the time of the marriage was already married to
someone else.

 Respondent judge ruled against the presentation of evidence because the existence of
force exerted on both parties of the first marriage had already been agreed upon.
Hence, the present petition for certiorari assailing the following Orders of the
respondent Judge:
1. the Order in which the parties were compelled to submit the case for resolution
based on "agreed facts;" and
2. the Order denying petitioner's motion to allow her to present evidence in her
favor.
Issue Ruling
Whether or not the marriage of Lilia Olivia Wiegel and Karl Heinz YES
Wiegel is void

Rationale / Analysis / Basis

There is no need for petitioner to prove that her first marriage was vitiated by force committed
against both parties because assuming this to be so, the marriage will not be void but merely
viodable (Art. 85, Civil Code), and therefore valid until annulled. Since no annulment has yet
been made, it is clear that when she married respondent she was still validly married to
Eduardo A. Maxion, consequently, her marriage to respondent, Karl Heinz Wiegel is VOID
(Art. 80, Civil Code).
Disposition
This petition is hereby DISMISSED, for lack of merit, and the Orders complained of are
hereby AFFIRMED. Costs against petitioner.